[Federal Register Volume 65, Number 140 (Thursday, July 20, 2000)]
[Notices]
[Page 45109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18359]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-37,425]


SKF USA Inc., Hub Bearing United Division, Glasgow, Kentucky; 
Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated June 15, 2000, one of the petitioners request 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on May 31, 2000, and 
published in the Federal Register on June 29, 2000 (65 FR 40134).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) If it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) If in the opinion of the Certifying Officer, a 
misinterpretation of facts or of the law justified reconsideration of 
the decision.
    The workers at SKF USA Inc., Hub Bearing Unit Division, Glasgow, 
Kentucky, producing hub wheel bearings on a contract basis for 
automobile manufacturers were denied TAA because the ``contributed 
importantly'' criterion of the group eligibility requirements of 
Section 222 of the Trade Act of 1974, as amended, was not met. The 
investigation revealed that the subject firm sales increased and 
imports declined during the relevant time period. Layoffs occurred as 
the inventory levels of product mix changed with demand from subject 
firm's contract customers.
    The petitioner feels that the petition investigation was not 
conducted in a proper manner and was not given the full consideration 
necessary in the petitioners' special case. The Department acknowledges 
the decision was not issued in the statutorily required 60 day time 
limit; a final determination for the petition, instituted on March 6, 
2000, was not rendered by the Department until May 31, 2000. Additional 
time was required by the investigator in order to obtain all of 
information necessary to present the findings of the petition 
investigation to the Certifying Officer.
    The petitioner asserts in the application for reconsideration that 
while sales may have increased due to a stockpile of inventory, the 
company has not recalled workers affected by the initial round of 
layoffs. The petition investigation revealed that layoffs occurred and 
production declined at the subject firm. Therefore, criteria (1) and 
(2) of the worker group eligibility requirements of Section 222 of the 
Trade Act of 1974 are met.
    The petitioner states that there are companies abroad shipping 
product (like those produced by the subject firm workers) to Glasgow, 
Kentucky for repackaging. The petitioner states that there is reason to 
believe (without providing evidence) that the CDW and the EN/FN 
bearings produced in Glasgow are manufactured overseas and are imported 
to the Glasgow, Kentucky for repackaging. Import data provided by the 
subject firm included imports of the articles cited by the petitioner. 
Total company imports of articles like or directly competitive with 
those produced by workers in the Glasgow plant decreased during the 
time period covered by the investigation. Criterion (3) of the group 
eligibility requirements of Section 222 of the Trade Act of 1974 
requires that increased imports of articles like or directly 
competitive with those produced by the subject firm workers contribute 
importantly to declines in sales or production and worker separations.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed at Washington, DC this 7th day of July 2000.
Grant D. Beale,
Program Manager, Division of Trade Adjustment Assistance.
[FR Doc. 00-18359 Filed 7-9-00; 8:45 am]
BILLING CODE 4510-30-M